New York’s 2026 motor vehicle insurance reforms amended the definition of “serious injury” under New York Insurance Law § 5102(d).
Before the amendment, certain claimants could use the commonly called “90/180-day” category to satisfy the serious-injury threshold. That category applied to a medically determined, nonpermanent injury or impairment that prevented the injured person from performing substantially all of the material acts making up the person’s usual and customary daily activities for at least 90 days during the 180 days immediately following the injury or impairment.
Part EE of Chapter 58 of the Laws of 2026 removed that category for actions and proceedings commenced on or after May 26, 2026. The amendment therefore removes one statutory route for establishing serious injury. It may be particularly important in a case where the former 90/180-day category would have been the only category supported by the facts and medical evidence.
If you were injured in a New York motor vehicle collision, the serious-injury threshold may affect a claim for non-economic loss, such as pain and suffering, when the action falls within Insurance Law Article 51. This can include certain car, truck, rideshare and bus cases, but the analysis depends on the people and vehicles involved. This may include pedestrians and bicyclists injured through the use or operation of a covered motor vehicle.
The Rothenberg Law Firm helps injured people understand how New York’s motor vehicle accident laws apply to their case. Contact us for a free consultation to discuss your options.
What Is the Serious Injury Threshold in New York?
New York uses a no-fault insurance system for many motor-vehicle injuries. Depending on eligibility and available coverage, first-party No-Fault benefits may reimburse certain basic economic losses, including qualifying medical expenses and lost earnings, without requiring proof that another person caused the crash, subject to statutory requirements, deadlines, exclusions, offsets, and policy limits.
But a personal injury lawsuit for pain and suffering is different.
Under Insurance Law § 5104(a), a covered person generally cannot recover non-economic loss from another covered person for injuries arising from the negligent use or operation of a motor vehicle in New York unless the claimant establishes a “serious injury” under § 5102(d).
Insurance Law § 5102(d) defines what qualifies as a “serious injury.” Before the 2026 amendment, the definition included nine categories:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a nonpermanent nature that prevented the injured person from performing substantially all of the material acts making up the person’s usual and customary daily activities for at least 90 days during the 180 days immediately following the injury or impairment (removed)
Within § 5102(d), Part EE deleted only the final category. The other eight serious-injury categories remain in § 5102(d).
What Changed in Insurance Law § 5102(d)?
Part EE of Chapter 58 of the Laws of 2026 amended Insurance Law § 5102(d) by deleting the former category for a medically determined, nonpermanent injury or impairment that prevented the injured person from performing substantially all of the material acts constituting the person’s usual and customary daily activities for at least 90 days during the 180 days immediately following the injury or impairment.
The New York State Department of Financial Services (DFS) summarized the amendment in Insurance Circular Letter No. 3, dated July 1, 2026.
For actions and proceedings commenced on or after May 26, 2026, claimants may no longer rely on that former category to satisfy § 5102(d).
When Did the Change to Insurance Law § 5102(d) Take Effect?
Part EE took effect on May 26, 2026 and applies to actions and proceedings commenced on or after that date.
That means the filing date may matter more than the accident date when determining which version of the law applies. In a typical New York civil action, an action is commenced by filing a summons and complaint or a summons with notice. A special proceeding is generally commenced by filing a petition. Unusual procedural histories should be reviewed individually by a New York attorney.
What the Removal of the 90/180-Day Category May Mean for Claimants
The former 90/180-day category provided a route for certain medically determined, nonpermanent injuries that curtailed a person’s usual and customary activities to a great extent for at least 90 of the first 180 days following the injury or impairment. That particular route is no longer available in actions and proceedings governed by the amendment.
A nonpermanent injury is not automatically excluded from the revised serious-injury definition. Depending on the facts and competent medical evidence, it may still satisfy a remaining category, including a significant limitation of use of a body function or system. For a limitation-based category, however, a diagnosis alone does not establish the threshold; the evidence must also show the nature and extent of the qualifying limitation and its causal relationship to the accident.
Each case requires an individualized review of the claimed limitations, objective findings, causation evidence, treatment history, prior medical conditions, and the specific serious-injury category being asserted.
What Serious-Injury Categories Remain Under New York Law?
Even after the removal of the 90/180-day category, New York law still recognizes several serious injury categories.
Depending on the facts, an injured person may still satisfy the threshold by proving a qualifying injury such as:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
Claims based on a significant limitation or permanent consequential limitation generally require close attention to the nature and extent of the limitation, objective medical findings, causation, and the treatment record.
That is where medical documentation becomes especially important.
How Does the Serious-Injury Amendment Relate to Fault?
Part EE also made separate changes concerning comparative fault in certain personal-injury actions subject to Insurance Law Article 51. Those changes address a different legal issue from whether an injured person satisfies the serious-injury threshold under Insurance Law § 5102(d). Because this article focuses on the removal of the 90/180-day category, the comparative-fault changes are discussed separately.
You can read more about that separate change here: New York’s comparative negligence change for motor vehicle accident claims.
How Part EE Sequences the Trier of Fact’s Determinations
Part EE amended Insurance Law § 5104(a) to require the trier of fact in an Article 51 action seeking non-economic loss to determine the party or parties at fault before deciding whether the claimant sustained a serious injury.
The statute also provides that liability for non-economic loss may not be fixed unless and until the trier of fact determines that a serious injury exists.
Because this procedural language is new, its implementation in particular cases may be further addressed by the courts.
Does This Change Affect No-Fault Benefits?
The deletion of the 90/180-day category changed the tort threshold for recovering non-economic loss. It did not delete or amend the definitions of “basic economic loss” and “first party benefits” in Insurance Law § 5102(a) and (b).
No-fault benefits remain a separate part of New York’s motor vehicle insurance system. Depending on the circumstances and applicable coverage, they may reimburse certain medical expenses, lost earnings, and other qualifying basic economic losses without requiring proof that another person caused the accident. Eligibility, exclusions, offsets, notice requirements, deadlines, and policy limits require separate analysis.
You should not assume that the same rule applies to every part of your claim. No-Fault benefits, bodily injury claims, serious injury threshold issues, and comparative fault questions all require separate analysis.
How The Rothenberg Law Firm Helps New York Accident Victims
The Rothenberg Law Firm represents injured people and families in New York, New Jersey, and Pennsylvania after motor vehicle accidents and other negligence-related injuries. For more than 55 years, the firm has handled cases involving car and truck crashes, pedestrian and bicycle injuries, rideshare and bus accidents, traumatic brain injuries, and wrongful death.
If you were injured in a New York motor vehicle accident, contact The Rothenberg Law Firm for a free consultation. We can review what happened, explain your options, and help you understand how the revised serious injury threshold may affect your claim. You pay no attorney fees unless we recover compensation for you.
New York's Serious Injury Category Change FAQ
Does the removal of the 90/180-day category mean I no longer have a case?
Not necessarily. The amendment removed one way of satisfying the serious-injury threshold, but eight other statutory categories remain. A claim may still satisfy § 5102(d) if the evidence establishes a fracture, significant limitation, permanent consequential limitation, or another remaining category. The answer depends on the applicable commencement date, the medical evidence, causation, and the facts of the case.
What if my injury disrupted my life for months, but my doctor says it may not be permanent?
A nonpermanent injury is not automatically excluded under the revised statute. The former 90/180-day route is no longer available in actions and proceedings governed by the amendment, but a nonpermanent injury may potentially fit another category, such as a significant limitation of use of a body function or system. That determination depends on competent medical evidence and the nature and extent of the limitation.
Does this change apply to every personal injury case in New York?
No. The change to Insurance Law § 5102(d) concerns the serious injury threshold within New York’s motor vehicle No-Fault framework. It does not apply to every personal injury case, premises liability claim, medical malpractice claim, construction accident, or other non-motor-vehicle injury claim.
Does the new law apply based on the accident date or filing date?
Part EE applies to actions and proceedings commenced on or after May 26, 2026. In a typical civil action, that generally means the date the initiating court papers are filed—not the accident date. An action commenced before May 26, 2026 may still be governed by the former definition, while an action commenced on or after that date may be governed by the amended definition even if the accident happened earlier. Unusual procedural circumstances should be reviewed by an attorney before determining which version of the statute applies.
Why should I speak with a lawyer sooner after a New York motor vehicle accident?
The revised law may make early case development even more important. Medical evidence, crash evidence, witness statements, camera footage, and treatment records may all affect whether your claim satisfies the serious injury threshold and how fault is assigned.